To end impunity, US Ambassador-at-Large for Global Criminal Justice has urged government to improve its justice and governance systems to prevent another all-out conflict in Sierra Leone.
Ambassador Beth Van Schaack who is here on a visit said Sierra Leoneans had been subjected to atrocious crimes over the years and the perpetrators must be brought to justice.
“The only way to prevent another war in Sierra Leone is government to hold those responsible for the crimes committed over the years,” she appealed adding that such duty is a critically important obligation for government.
The US legal official made the call while addressing heads of key institutions of justice in the country.
The defunct Special Court for Sierra Leone (SCSL), she asserted, should serve as an enduring legacy of justice and the rule of law.
SCSL was formed in accordance with Security Council Resolution 1315 to bring to justice those who bore the greatest responsibility in respect of atrocious crimes committed within the Sierra Leonean territory between 1991 and 2002.
It was a response to a request made by President Ahmed Tejan Kabba who took over state governance in 1996 during the peak of Sierra Leone’s civil war.
The restructuring of Office of the Ombudsman, the police and the army as well as other institutions of justice and accountability as major projects that emerged from the international tribunal. It was a way of building a human rights and rule of law culture in Sierra Leone.
These reforms were to ensure that Sierra Leone does not go back to another war that can reverse gains made over the years.
Making constant reference to the TRC (Truth and Reconciliation Commission) report, 2004, the US government official identified lack of justice, bad governance, corruption and marginalisation of certain sectors of population as key causes of the 11-year war.
Sierra Leoneans, analysts says, have for the past five years, been deprived of justice especially those who are far away from the corridors of power, and such double standards is a recipe for chaos in the land.
The ambassador’s visit coincided with that of the ICC prosecutor who is also in Sierra Leone on similar mission bordering on the rule of law and the justice system.
Persistent visits by US law officials means International justice is slowly reaching the doorsteps of the people of Sierra Leone. Sleepless nights are being spent by those whose fingers are in the broth (soup).
During his visit to Sierra Leone, the famous international lawyer, Karim Kahn held discussions with Vice President but remained closely-guarded secret.
Counsel Kahn also visited law students at Sierra Leone Law School lecturing them on the 1998 Rome Statute which established the ICC, UN’s judicial wing. Sierra Leone is a signatory to the international law instrument.
The court, according to the statute, is tasked with the responsibility of bringing to justice those who commit war crimes, genocide and crimes against humanity. In his statement after the formation of the court, UN Secretary-General, Kofi Annan remarked that “the long-held of a permanent International Criminal Court has been realised and impunity has been dealt with a severe blow; those who commit war crimes, genocide and crimes against humanity will no longer beyond the reach of justice.”
Several warlords have been humbled in the courts including sitting Presidents. Former Liberian President, Charles Ghankay Taylor was the first sitting West African President to be indicted for war crimes.
However, the prosecutor’s visit sparked waves of debates among the public with many saying it was a familiarisation tour. For others, it is an ordinary visit, but such prosecutors of high global standing hardly visit a country for nothing.
However, argument about future investigations into alleged killings seems to have gained weight especially when the prosecutor recently met with the Sierra Leonean President during a UN summit enlisting his cooperation and support to revamp justice and the rule of law in Sierra Leone.
Kahn who seems passionate about bringing justice to post-conflict state to Sierra Leone said the lives of the people of the Global South, Latin America and Africa mattered the same way as the lives of people anywhere in the world, and the prosecutions could not be confined at the Hague, the Dutch city that hosts the ICC.
“The people of Freetown, Lungi and other parts upcountry in Sierra Leone wanted to see justice,” he said adding that Sierra Leone was in a better position to support the court owing to her post in the Security Council, UN’S highest organ.
Sierra Leone was among five countries that took up seats in the UN’s most important organ, and would assist in the maintenance of international justice when the time comes.
The prosecutor’s meeting with the President came late last year after Sierra Leoneans in the diaspora staged a protest in the UK, US and Holland about killings and human rights abuses that took place in the country between 2018 and 2023.
The protest started in the UK at Downing Street, the official home of the former British Minister, and later reached UN headquarters in New York and the last was the ICC where they tendered videos about gross human rights violations in Sierra Leone.
Recently, two Dutch judges visited Sierra Leone and held discussions with Chief Justice, Browne Marke, and their exact mission also remained unclear.
Despite facts to the contrary, many say the judges’ trip to Sierra Leone is a fact-finding one especially coming from a country that hosts the world’s highest court.
The ICC is the world’s highest judicial institution, but it respects sovereignty of states. It comes in to prosecute only where a state has failed to bring perpetrators of atrocious crimes to justice.
US’s support for the justice system in Sierra Leone has manifested in several ways as seen in her financial assistance to the Election Investigation Committee (EIC) also known as the Tripartite Committee.
The EIC has the mandate to look into June 24, 2023 elections polls owing to allegations of irregularities.
US Ambassador to the UN, Linda Greenfield recently donated $1.5m to the EIC on her visit to Sierra Leone to speed up their work. It is part of America’s commitment to the protection of democracy, rule of law and social justice which are pillars for peace especially for a country emerging from devastating war.
It was few days after her departure that the terms of reference for the tripartite committee was launched at New Brookfields hotel in Freetown marking the beginning of the investigation proper.
Issues raised by the US Ambassador-at-Large remains glaring and burning in Sierra Leone as most wrong doers are shielded from prosecution.
Perpetrators of most of the killings in various parts of the country are yet to be brought before a court with many saying they are deeply entrenched within the political system.
The alleged killings were also carried out in opposition strongholds of the North-West regions of Sierra Leone. Brutal killings repeatedly took place in Makeni city, home of former President Ernest Bai Koroma without the killers made to face the consequence of their action.
The move caused many to raise eyebrows on the country’s justice system posing critical questions to judges and magistrates. Similar murders also occurred in Tonkolili, PortLoko, Waterloo and Sierra Leone’s capital, Freetown where alleged murders also took place.
The Country’s main correctional facility also saw such brutality as a shoot out left 31 inmates including a prison officer were allegedly shot dead by armed guards.
Killings have also taken place in a number of protests before, during and after the elections for which no one was made to answer questions despite calls by the people of Sierra Leone and the international community.
EU Election report, 2023 also delved into issues of election violence in Sierra Leone especially the shooting dead of unarmed civilians at APC headquarters in Freetown.
The opposition leader, Dr Samura Kamara too narrowly escaped assassination. Government’s blind eye to the on-and-off spate of killings made the actions look like a new form of state-sponsored violence.
On the contrary, the courts will act swiftly if it were the other side (opposition politicians and supporters) falling foul of the law. 10 parliamentarians of the main opposition, All People’s Congress (APC) were removed from the legislative body in May 2019 by two high courts since it was a move to protect government’s interest.
The removal was also pave way for the imposition of Dr Abass Bundu as Speaker of Sierra Leone’s Parliament. It was a travesty of justice that appears to have set the pace for conflicts and political intolerance which could be forestalled if the law breakers are held accountable.